[gretch]

disclosure: I am not a lawyer and I have not studied frameworks associated with NC state. I'm a guy who reads books

You keep describing the "average person", but this is not the framework that most law uses when considering negligence.

Source: Cases and materials on TORTS; Epstein and Sharkey; 11th addition; page 139

"It is sometimes said that the study of negligence is the study of the mistakes a reasonable man might make."

And then there's a lot more text that goes on to talk about what is 'reasonable' and not just 'average'.

Also, just because the average person wouldn't be harmed does not mean a party would not be liable, because there are non-average people like blind people or old people who must be protected.